Regulated Business

The Benton Clean Air Agency is responsible for regulating air emissions from stationary commercial facilities as well as portable sources.

Source Registration

There are about 180 facilities registered with Benton Clean Air per BCAA Regulation 1, which lists sources identified as having potentially significant air emissions and therefore required to be in the agency’s Registration Program.

The Registration program is described in the Washington Administrative Code 173-400-99 and Source Classifications are listed in 173-400-100

New Source Review (NSR)

Additionally, these facilities may need to undergo a Notice of Construction (NOC) approval process prior to any modification of existing equipment or installation of new equipment.

The NSR program is described in the Washington Administrative Code 173-400-110

Examples of businesses that may be subject to the Registration or NSR programs:

This list is not exhaustive. If you have any question if your business should be registered, please contact the BCAA.

Examples of types of activities regulated by the Benton Clean Air Agency:

BCAA Regulation 1 has two sections of interest to sources. Article 9 outlines the engineering program and expectations from sources and Article 10.05 outlines appropriate fees.

Asphalt Plants

Auto Body Shops

Boilers (except residential heating);

Cabinet manufacture/Wood and wood product manufacture;

Cattle feedlots;

Chemical manufacturing;

Crematoria or animal carcass incinerators;

Chemical Plants

Coffee Roasting

Concrete Plants

Degreasing

Dry Cleaners

Engines; Stationary internal combustion, 500 hp or greater;

Food Processing

Flares;

Fuel burning equipment (except heating, A/C, or ventilating systems);

Gasoline Storage and Dispensing (BCAA enforces state rules WAC )

Hay cubers and pelletizers;

Hazardous waste treatment and disposal facilities;

Incinerators and waste oil burners;

Landfills, active and inactive;

Metal Plating

Materials handling and transfer facilities;

Plastics and fiberglass product fabrication facilities;

Rendering plants;

Solvent or stripping operation;

Spray Coating and Surface Coating

Wood and wood product manufacturing (including paper);

This list is not exhaustive. If you have any question if your business should be registered, please contact the BCAA

Examples of types of activities regulated by the Benton Clean Air Agency:

Pollution Prevention

Adopting pollution prevention practices and techniques often benefits industry by lowering a company's operational and environmental compliance costs. By preventing the generation of waste, P2 can also reduce or eliminate long-term liabilities and clean-up costs. Furthermore, disposal costs are reduced when the volume of waste is decreased. This can also lead to a reduction in workplace exposures to hazardous materials which can affect workers' health and hence, their productivity. If less waste is produced, there will also be a diminshed need for on-site storage space. By preventing pollution there will be a greater likelihood that a company will be in compliance with local, state, and federal regulations. Finally, as community pillars, businesses shoulder an important responsibility for protecting the environment and natural resources for their own good as well as that of society.

Many companies have reduced their use of hazardous substances, cut waste, water and energy use, and saved money in the process. Read their storiesor submit a P2 success story through Ecology's program!

Governor's Award for Sustainable Practices
Yearly award honoring businesses that have shown outstanding leadership in preventing pollution and moving toward sustainability. Due to lack of resources, the Governor's Award for Sustainable Practices is on indefinite hiatus.

Free engineering assistance from the TREE team can improve your business' efficiency, make less waste, and save money.

P2 Tools The Toolkit includes strategy development ideas, an opportunity list, vendor links, and other tools to help facilities gain better process control, reduce water use, produce less waste, and improve compliance.

Compliance Assistance

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Registration Program

Why Register businesses?

Registration ensures that air emissions comply with applicable regulations and to maintain an accurate inventory of the air contaminants released into the air. Benton Clean Air uses this information to evaluate the effectiveness of local air pollution control strategies to attain and maintain national air standards. Registration includes reporting annual emissions and receiving periodic inspections from an Agency inspector.

Registration also allows BCAA to provide compliance assistance as regulations change, and as the needs of a business change.

Is there a fee for registering?

Yes, there is an annual fee for maintaining the registration of a business. Annual registration fees are charged to each registered source. The fee structure is designed so that smaller, less complex sources pay lower fees than larger, more complex sources. The collected fees partially fund the registration program. The fee amount varies depending on the emission levels of the business. Current Annual Registration Fee Schedule – Click here.

What businesses need to register?

Existing and new sources of air contaminants must be registered with Benton Clean Air. Each piece of air pollution control equipment used has specific requirements for its operation and maintenance.

Existing Facilities need to fill out registration forms, itemizing the processes within the facility and the vents/exhaust points to the outdoor air. Before processes or emission points are added or modified, the facility should contact Benton Clean Air. A Notice of Construction and Application for Approval may be required.

New Facilities must contact Benton Clean Air and follow the Notice of Construction and Application for Approval process, which also serves as the registration form for the facility. Additional permits may need to be obtained from other agencies, including city and county planning/zoning departments. Agency staff will gladly assist facilities with the registration and Notice of Construction process.

Does Benton Clean Air inspect businesses?

Yes. Regular inspections of registered sources are conducted to verify compliance with existing air pollution regulations. Many registered facilities are inspected annually, however, the frequency varies depending on agency resources and priorities. In addition, facilities that are not currently registered are inspected in order to determine if they need to be registered.

What should businesses know about installing and modifying equipment?

An approved Notice of Construction must be obtained prior to modifying existing equipment or installing new equipment. Click here for information about Notice of Construction (NOC) and approval process.

For further information on the source registration program, please contact the BCAA.

Air Operating Permits

Air Operating Permit Program

The Federal Clean Air Act requires all states to have statewide operating permit programs for businesses and industries that are the largest sources of air pollution. An Air Operating Permit (AOP) contains all the requirements that apply to an air pollution source. Ecology, the Energy Facility Site Evaluation Council (EFSEC), and any of seven local air quality agencies have received United States Environmental Protection Agency (EPA) approval to administer Washington’s air operating permit program.

The Department of Ecology has a fact sheet about the AOP program here.

Air Operating Permits in Benton County

There are two facilities in Benton County that are subject to the Air Operating Permit (AOP) program. Major emission sources and other sources identified by EPA are required to obtain an AOP. Major sources are defined as facilities with a potential to emit any of the following:

100 tons of any criteria pollutant, or

10 tons of any single hazardous air pollutant (HAP) as listed pursuant to subsection 112(b) of the Federal Clean Air Act, or

25 tons of all HAPS combined.

Each AOP provides a compilation of all existing air quality requirements in a single document.

Some other key differences include:

Each AOP contains monitoring , recordkeeping, and reporting requirements developed to reasonably assure compliance with all underlying air quality requirements

Sources are required to certify their compliance status with all requirements and self-report any deviations, and

Each facility must pay fees adequate to fully fund the AOP program.

Once issued, each AOP is valid for five years. Now that all of the AOPs have been issued, the Benton Clean Air Agency will focus on permit renewals and maintenance of the permits.

Every year an independent auditor reviews the AOP programs in the State of Washington, including the Benton Clean Air Agency’s program. Those reports are found here.

Northwest Pipeline GP

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PERC Dry Cleaners

To further protect human health from air contaminants, in July 2006 new rules from the U.S. Environmental Protection Agency (EPA) go into effect for all dry cleaners that use the solvent perchloroethylene (perc).

Existing dry cleaners, those installed on or after December 9, 1991 and before December 21, 2005, must be in compliance with the new standards by July 28, 2008. Key new requirements include the following items below.

Monthly Leak Inspections.* Monthly inspections for vapor leaks using a halogenated hydrocarbon detector or perc gas analyzer (such as a photo ionization detector or ‘PID’) are required, while the machine is operating. This monthly inspection shall satisfy one of the weekly inspections (by sight, smell, touch) for perceptible leaks. A halogenated hydrocarbon detector is a portable device capable of detecting vapor concentrations of perc of 25 parts per million by volume (ppmv) and indicating a concentration of 25 ppmv or greater by emitting an audible or visual signal that varies as the concentration changes.

Notification Compliance Status: Each owner or operator of a dry cleaning facility is required to submit a notification of compliance status to Benton Clean Air before July 28, 2008. The forms were mailed to all dry cleaners in February of 2008.

For more information on the rule, please use the below resources:

40 CFR Part 63 National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities; Final Rule

EPA Painting and Refinishing

The U.S. Environmental Protection Agency (EPA) has new requirements to reduce air pollution of metals such as chrome, lead, cadmium, manganese and nickel compounds, and also to reduce methylene chloride fumes, from paint stripping and spray painting operations, including autobody painting operations. These compounds pose health risks to anyone who breathes the air when these fumes are present. Many paints and materials used in painting and paint stripping operations contain these compounds. The new regulations require painting and paint stripping businesses to do several things to reduce emissions of these compounds.

Notice of Construction Program (New Source Review)

What are the requirements if my business is a new source of air pollution in Benton County, or is modifying our existing source of air pollution?

A list of the types of businesses or facilities that may be subject to this program is here.

Facilities that are located in Benton County and are:

installing new equipment that produces air pollution, or

modifying existing equipment that produces air pollution, or

changing fuel type (e.g. diesel to natural gas) or usage rates, or

changing an operation that would change the amount of air pollution produced,

are required (RCW 70.94.152 and RCW 70.94.153) to go through a “New Source Review” (NSR) process.

This NSR is done through the Notice of Construction Program. NSR is a preconstruction program which means that the entire process, resulting in an Order of Approval, must be completed before construction begins.

The Washington Administrative Code requirements for New Source Review are spelled out here.

There are several steps to the process of acquiring a Notice of Construction approval. NOC Process Flow Chart is a flow chart for the entire process.

Meeting with BCAA

A pre-proposal meeting with the BCAA is a good way to start. At this meeting we can learn about your project and provide guidance as to what regulations would apply, and how to meet them. BCAA can provide guidance and information on how to determine potential emissions, and how to best mitigate them.

SEPA Process:

First, a SEPA Checklist and a Determination of Non-Significance (DNS) are required before the BCAA can allow the facility to operate. This is a state requirement on the BCAA. Generally, other agencies, such as the county or cities, will have already issued a DNS for a project. If not, then the BCAA can issue a DNS Usually if a DNS does not exist, the process will take a minimum of fourteen (14) days to issue the DNS. Facilities should plan for this potential delay.

NOC Process:

Once the DNS is in place, the owner or operator of the facility next files a Notice of Construction, or NOC, application to the BCAA. The most common facility operations have forms specific to the operation; facilities that are not specifically listed can use the “General NOC” form.

The application should be submitted on the Notice of Construction and Application for Approval form provided by Benton Clean Air. The application should describe the air contaminant source, any connected equipment, and be accompanied by:

a set of plans that fully describes the proposed source, including distance and height of buildings within 200 feet of the source,

the estimated emissions that will result from the proposal, or sufficient information for Benton Clean Air to calculate the expected emissions,

the proposed means for control of emissions,

the base fee, and

a SEPA checklist or DNS (see above)

After the NOC application has been submitted and the application fee paid, the BCAA has 30 days to review the application and to determine if it is complete. If the application is determined to be incomplete, the 30-day clock is reset. Therefore, it is in the best interest of the source that the application is complete and accurate.

Once determined to be complete, the BCAA has 60 days to issue an Order of Approval (permit) to operate. Usually the process is less than 60 days, but in some cases, especially in unusual or complicated facilities, the process may last longer.

Public Notice

Some facilities may be required to have a 30 day public comment period. Should this be a part of the process, the final Order cannot be signed until this comment period is complete, and all comments have been considered.

Order of Approval

The final product is an Order of Approval to operate, which will outline the specific requirements under federal, state, and local air quality regulations that will allow the source to operate in compliance with the law.

Sources that do not follow the NOC process are subject to enforcement action under Washington State law. If a facility has any questions about the process, a representative should contact the BCAA.

Portable Sources and Nonroad Engines

Portable Source means a type of stationary source which emits air contaminants only while at a fixed location but which is capable of being transported to various locations. Operation at any location under this provision is limited to one year or less. Operations lasting more than one year must obtain a site specific order of approval.

Portable sources may include, but are not limited to, the following:

portable rock crushers

portable asphalt plants

portable concrete batch plants

In order to install and operate a portabel source, each source must apply for a Notice of Construction (NOC) permit. This permit will allow the source to operate within Benton County for a year. The source may relocate during that year; each relocation requires the filing of a Notice of Intent to Operate (NOI) with the BCAA.

Nonroad Engines

Nonroad Engines are subject to regulation in WAC 173-400-035 .Though New Source Review is not required, there are fuel standards that all nonroad engines must meet. Based on the BHP of the engine, there may be recordkeeping requirements. Very large installations over 2000 BHP must provide information that demonstrates compliance with the National Ambient Air Quality Standards.

State Environmental Protection Act

What is State Environmental Policy Act (SEPA)?

Washinton State policy that requires state and local agencies to consider the likely environmental consequences of a proposal before approving or denying the proposal. Benton Clean Air is not usually the SEPA lead in a project, generally the county or one of the cities takes that role. Please don’t hesitate to contact us for guidance on your SEPA applications.

Ecology’s SEPA information is the most current, so please refer to their information page here

Forms and Fees

The forms below are available to download and print . The Benton Clean Air Agency does not accept forms electronically, they still must be completed and hand delivered or mailed to the Benton Clean Air Agency.

Washington State & Benton County Business Regulations

What Washington State and Benton County regulations should I be aware of?

The following sections describe some of the key air quality regulations that are important for all businesses to understand. Many types of businesses may have either permitting or registration requirements. A list of regulated businesses is found here.

Federal Requirements

In addition to the above, there are some federal requirements that are more recent, and must be met by businesses to which they are applicable. Here are some links with information, and don’t hesitate to contact BCAA for assistance in understanding how they may or may not apply to your business.

U.S. Environmental Protection Agency (EPA) Rules for Toxic Emission SourcesArea Source Rules.
In January of 2008, the U.S. EPA finalized rules that may impact businesses throughout Benton County. These businesses include Autobody Shops, Ethylene Oxide Sterilizers, various kinds of Metal Work, Gasoline Dispensing Stations and many others.

EPA Air Toxics Requirements for Perc Dry Cleaners
In July of 2006, EPA strengthened requirements for dry cleaners that use the solvent perchloroethylene (perc.) Here is a “Plain English Guide” for assistance.

BCAA also provides compliance assistance. to assist you in determining what regulations apply to your business and then developing a plan to meet them.

Additional Information

Businesses

Many businesses have reduced their air emissions by using improved control technology, properly training employees, maintaining equipment, and practicing good housekeeping. These actions have contributed to Benton County’s good air quality and improvements made over the last few decades.

Benton Clean Air’s regulations, policies and programs are designed to continue forward on this path in order to improve and maintain air quality today and for future generations.

If you are in business, chances are you deal with many public agencies. Benton Clean Air staff works hard to help business owners/managers know and understand the air quality regulations pertaining to their business. These efforts increase compliance, resulting in cleaner air for us all.